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Bill > H3600


SC H3600

SC H3600
Review of Presidential Executive Orders


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Section 1-7-95 So As To Provide That The General Assembly, Either Of Its Respective Bodies, A Standing Committee, The Speaker Of The House Of Representatives, The President Of The Senate, Or Not Less Than Five Members Of The General Assembly May Review Any Presidential Executive Order Not Affirmed By Congress And May Recommend That The Attorney General Review A Presidential Executive Order To Determine Its Constitutionality Under Certain Circumstances.

AI Summary

This bill amends South Carolina state law to create a new mechanism for reviewing and potentially challenging presidential executive orders that have not been affirmed by Congress. Under the proposed law, various state government entities, including the General Assembly, its committees, leadership, or at least five members, can request that the state Attorney General review a presidential executive order to determine its constitutionality. If requested, the Attorney General must conduct a review within 30 days and submit a report of findings and recommendations to the General Assembly, the Governor, and publish it on the Attorney General's website. The bill specifically prohibits state and local government entities from implementing presidential executive orders that the Attorney General determines to be unconstitutional, particularly in six key areas: pandemics/health emergencies, natural resources, agriculture, land use, financial sector environmental/social/governance standards, and gun rights. The legislation would take effect upon the Governor's approval, providing the state a mechanism to challenge federal executive actions it believes exceed presidential authority.

Committee Categories

Justice

Sponsors (2)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

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